If you find yourself in immigration court, you are no longer dealing with USCIS. Instead, you are before the Executive Office for Immigration Review (EOIR), which is part of the U.S. Department of Justice. This is a formal court system where an Immigration Judge will decide whether you have the legal right to remain in the United States.
The EOIR is an administrative court system responsible for adjudicating immigration cases. Its primary mission is to decide whether foreign-born individuals whom the Department of Homeland Security (DHS) seeks to remove from the U.S. are removable and whether they are eligible for relief from removal.
gavelWhy Are People Placed in Removal Proceedings?
The Department of Homeland Security (DHS), through its agencies like ICE or CBP, initiates removal (deportation) proceedings by filing a "Notice to Appear" (NTA) with the immigration court. This can happen for various reasons, including overstaying a visa, entering the country without authorization, committing certain crimes, or having an asylum application referred to a judge by USCIS.
groupsKey Individuals in the Courtroom
Understanding who is in the courtroom can help demystify the process. You will typically encounter four key figures:
- account_balanceThe Immigration Judge (IJ): The judge presides over the hearing, listens to testimony, reviews evidence, and makes the final decision on your case.
- securityThe DHS Trial Attorney: This lawyer represents the U.S. government's interest in enforcing immigration laws and will argue why you should be removed.
- personThe Respondent: This is you, the individual in removal proceedings.
- workYour Attorney: While you can represent yourself, it is highly recommended to have an experienced immigration attorney to defend your case and present arguments for relief.
descriptionThe Crucial Role of Evidence and Documentation
Your success in immigration court often depends on the strength of your evidence. You must provide clear, credible, and well-organized documentation to support your claim for relief from removal (such as asylum, cancellation of removal, or adjustment of status). A critical rule in immigration court is that any document not in English must be submitted with a complete and accurate English translation, certified by the translator.
- badgePersonal Documents: Birth certificates, marriage certificates, and passports.
- articleSupporting Evidence: Police reports, medical records, country condition reports, and letters of support.
- translateCertified Translations: Every single foreign language document MUST be accompanied by a certified translation. Failure to do so will result in the evidence being rejected by the court.
Prepare Your Case with Precision
Immigration court proceedings are serious legal matters with life-altering consequences. Presenting a meticulously prepared case, supported by properly translated and certified documents, is absolutely essential for giving yourself the best possible chance of a favorable outcome.